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Pandecta
Published by Universitas Negeri Semarang
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Terbit dua kali setahun bulan Januari dan Juli. Berisi tulisan yang diangkat dari hasil penelitian dan kajian analitis kritis di bidang Ilmu Hukum
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Articles 620 Documents
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Analysis of Trademark Cancellation for The Protection of The First Registrant's Trademark: BIOAQUA Study
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40118

Abstract

Due to the cancellation of the BIOAQUA case in Decision Number: 618 K/Pdt.Sus-HKI/2020, the plaintiff did not receive the legal protection that he deserved. The study’s goal is to examine the legal protection afforded to the first trademark registration applicant in the BIOAQUA trademark case, followed by an examination of the judge’s decision to cancel the BIOAQUA trademark. This study is normative and legal in nature. The research strategy is a case study approach. The data source is secondary data, and the data analysis is qualitative. The findings revealed that in the case of the BIOAQUA trademark, legal protection is provided to the first applicant of trademark registration against the defendant. Because the judge considers the same as the authority under Article 3 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the plaintiff is not considered the first registrant. The judge’s consideration in the BIOAQUA trademark cancellation case is based on Articles 76 and 77 of Trademarks and Geographical Indications Law No. 20 of 2016. The judge considers the content of Article 76, namely that cancellation can be made against registered trademarks, but because the element of good faith cannot be proven, the defendant’s trademark is not cancelled, and the legal effect of this is that the defendant’s BIOAQUA trademark is protected by registered trademarks.
Legal Protection of Consumer Personal Data in Indonesia Fintech Peer-To-Peer Lending Pioneers
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40235

Abstract

The development of the Financial Technology Industry, especially Peer-to-Peer Lending in Indonesia, brings various conveniences as well as risks. With multiple platforms providing Peer-to-Peer Lending services, it also has an impact on the amount of personal data collected by each platform. This can pose a threat related to consumer personal data, such as cases that have recently emerged. Some Peer-to-Peer Lending platforms abuse their customer’s personal data by spreading it to other parties. Things that should not be done considering the loan agreement that has been agreed between the borrower and the Peer-to-Peer Lending platform regarding personal data that must be safeguarded and if urgently requires this data must be approved by the borrower. This research will discuss the legal protection regulations for the personal data of Peer-to-Peer Lending consumers and discuss the policies implemented by one of the pioneers of Peer-to-Peer Lending in Indonesia regarding the importance of protecting consumer personal data. This research is empirical legal research that uses interviews as a source of data. This study used a qualitative approach to collect primary and secondary data. This research will discuss the current legal regulations related to the protection of personal data including the existence of the Personal Data Protection Law and discuss the policy and implementation of Peer-to-Peer Lending pioneers in Indonesia regarding the protection of borrowers’ personal data.
Document Digitization By Notary As Part of Cyber Notary Provision
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40181

Abstract

The digital era is something that cannot be avoided in Indonesia and even throughout the world. Various Activities change from analog to digital. Digitization activities are carried out by a notary, one of the professionals, who digitize documents for needs, and orders of laws and regulations. This article aims to analyze the urgency of document digitization carried out by Notaries, and its implications for the performance of Notaries in the current era of technological transformation. In addition, this article will also discuss the obstacles and challenges for notaries in digitizing documents. This article is the result of research conducted using the socio-legal method. Socio-legal studies carry out textual studies of articles in legislation and policies that can be critically analyzed and explained their meanings and implications for legal subjects. Several laws and regulations require notaries to digitize, especially document digitization. The process of digitizing documents carried out by a Notary is still in the stage of digitizing printed documents and placing them in a file for uploading needs on the web or certain systems. This process has its obstacles and challenges for Notaries and employees who work at Notaries.
Social Engineering to Overcome Conflict Between People’s Markets and Supermarkets in Kulon Progo Regency (Review of Regional Regulation No. 16 of 2021) Wahyu Hidayat; Suryadi Suryadi; Siti Zuliyah
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.42398

Abstract

Conflicts between traditional markets, small kiosks owned by individuals, and supermarkets based on modern networked markets are unavoidable, especially at the level of one-sided competition. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 can be a solution in moving the wheels of the economy in the region. Modern shops greatly influence traditional markets or people’s markets and small stalls owned by individuals, which can kill their business. Traditional markets or people’s markets and small stalls are not only the center of people’s economic activities but also a place to make a living for small communities in the Kulon Progo region. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 is intended to protect, empower and organize People’s Markets and structure Shopping Centers and Supermarkets. Protection for people’s markets is carried out by limiting the number of supermarkets and adjusting the distance between traditional markets and shopping centers, and modern shops, the aim is that the existence of people’s markets can be protected from competition that is detrimental to people’s markets, so it becomes a necessity for the Government of Kulon Progo Regency to implement Regional Regulations Kulon Progo Regency Number 16 of 2021 to control the number of supermarkets and provide economic opportunities for people’s markets because this arrangement can overcome conflicts and will provide fifty-fifty benefits as a win-win solution for both so that people’s markets can be saved.
Implementation of Criminal Law to Determine Persons of Environmental Pollution and/or Destruction in Court Rochmani Rochmani; Safik Faozi; Wenny Megawati; Dyah Listyarini
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.36877

Abstract

Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.
Reposition of the Promulgation for Indonesian Legislation Efraim Jordi Kastanya; Fitriani Ahlan Sjarif
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44402

Abstract

Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.
Formulating Institutional Harmonization of UNNES Legal Entity Organs in The Frame of Check and Balances System Ali Masyhar; Siti Mursidah; Ali Murtadho
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.40740

Abstract

As a dynamic organization, Universitas Negeri Semarang (UNNES) continues to improve itself towards better public services, namely as a State University Legal Entity. State University Legal Entities have a very positive impact, especially the autonomy of academic and non-academic administration and management. After drafting the statutes and forming the organs of the UNNES, the institutions that need to be prepared are institutional arrangements so that the harmony of the organs of UNNES is maintained as a State University Legal Entity. In order to be organized and harmonious relations occur, in line between the organs of the UNNES as a state university legal entity, a check and balances system needs to be implemented. The application of checks and balances system between organs of State Universities Legal entities, UNNES needs to be covered in a regulation so that there will be no mutual claims and shows of strength. Based on this background, this research is based on the formulation of the problem, what is the format of the check and balances system of relations between organs of State University Legal Entities, UNNES in order to achieve the vision and mission as formulated in the statutes? And what is the appropriate formulation/draft so that there can be harmonization of relations between the organs of UNNES, State Universities Legal Entities? Based on the formulation of the problem, it is intended to produce a harmonious relationship format between organs of State Universities Legal Entities, UNNES, as well as produce appropriate regulations in maintaining harmonization of relations between organs of UNNES as a State Universities Legal Entity. Based on the research objectives, the suitable research method used is qualitative research with a policy approach. The research object is using deep interview and document analysis methods.
Qualification of Child Status from Unregistered Polygamous Marriage without Marriage Validation (Study of Religious Court Decisions from 2019-2022) Yuliani Tarais; Hartini Hartini
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.45534

Abstract

This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.
Development of Traditional Cultural Expressions of Patingtung Art from the Aspects of Copyright and Advancement of Culture Inge Dwisvimiar; Dede Agus; Maulia Tasyafa Audry
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.43359

Abstract

The patingtung art from Serang City has been classified as a traditional cultural expression and intangible cultural heritage of Banten Province. However, the registration of patingtung art as an intangible cultural heritage is not enough, but it must also be in accordance with the mandate of Copyright and Advancement of Culture. This research uses normative empirical research methods, an in concreto approach and descriptive qualitative data analysis by comparing the normative law of the Copyright Law and Advancement of Culture with empirical law in the form of its implementation of the protection of traditional cultural expressions of the patingtung type. The result of this study is that the development of traditional cultural expressions of Patingtung art can be carried out through three basic arrangements, namely Law Number 28 of 2014 on Copyright with inventory, Law Number 5 of 2017 on Advancement of Culture with inventory, security, maintenance, rescue and publishing. Serang City Government completes a form of conservation by preserving regional culture through Serang City Regional Ordinance Number 4 of 2013. Patingtung art activities are limited to inventory only. Maintenance is still integrated with other programs so maintenance is minimal. On the other hand, protection in the form of safety and rescue was not implemented.
The Future of Corruption’s Handling in the Regions and The Application of Restorative Justice N. G. A. N. Ajeng Saraswati; Muhammad Rustamaji
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44207

Abstract

Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.

Page 60 of 62 | Total Record : 620

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